Wednesday, December 28, 2011

WSH (WSH COMMITTEES) REGULATIONS 2008


WORKPLACE SAFETY AND HEALTH ACT(CHAPTER 354A)
WORKPLACE SAFETY AND HEALTH (WORKPLACE SAFETY AND HEALTH COMMITTEES) REGULATIONS 2008
In exercise of the powers conferred by sections 29 and 65 of the Workplace Safety and Health
Act, Mr Gan Kim Yong, Senior Minister of State, charged with the responsibility of the Minister for
Manpower, hereby makes the following Regulations:
Arrangement of Regulations
PART I
PRELIMINARY
1. Citation and commencement
2. Definitions
3. Application
PART II
FORMATION OF WORKPLACE SAFETY AND HEALTH COMMITTEE
4. Appointment of workplace safety and health committee and chairman
5. Appointment of secretary
6. Composition of workplace safety and health committee
PART III
MEETINGS OF WORKPLACE SAFETY AND HEALTH COMMITTEE
7. Meetings
8. Minutes of meeting
9. Non-member may attend meetings
10. Matters to be discussed at meetings
PART IV
FUNCTIONS OF WORKPLACE SAFETY AND HEALTH COMMITTEE
11. General inspection of factory
12. Inspection of factory after accident or dangerous occurrence
13. Action to be taken on report of workplace safety and health committee
14. Workplace safety and health committee to assist in organising certain activities to promote
safe conduct of work in factory
15. Guidelines to promote safe conduct of work in factory
16. Basic knowledge of members of workplace safety and health committee
17. Powers of workplace safety and health committee
PART V
MISCELLANEOUS
18. Offences
19. Revocation
20. Savings and transitional provisions
WORKPLACE SAFETY AND HEALTH (WORKPLACE SAFETY AND HEALTH COMMITTEES) REGULATIONS 2008
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Actual Regulations
PART I
PRELIMINARY
Citation and Commencement
1. These Regulations may be cited as the Workplace Safety and Health (Workplace Safety and
Health Committees) Regulations 2008 and shall come into operation on 1st September 2008.
Definitions
2. In these Regulations, unless the context otherwise requires —
“chairman” means the chairman of a workplace safety and health committee appointed
under regulation 4(2)(b);
“member” means a member of a workplace safety and health committee and includes a
chairman thereof;
“secretary” means the secretary of a workplace safety and health committee appointed
under regulation 5(2) or deemed to be appointed under regulation 5(1);
“workplace safety and health committee”, in relation to a factory, means the workplace safety
and health committee appointed under regulation 4(2)(a) in respect of the factory.
Application
3. These Regulations shall apply in relation to every factory in which 50 or more persons are
ordinarily at work, excluding persons who carry out any work which is of a temporary nature and
is not ordinarily carried out in the factory.
PART II
FORMATION OF WORKPLACE SAFETY AND HEALTH COMMITTEE
Appointment of workplace safety and health committee and chairman
4.—(1) For the purposes of section 29(1) of the Act, a workplace safety and health committee
shall be appointed in respect of every factory to which these Regulations apply.
(2) It shall be the duty of the occupier of such a factory to appoint, in respect of the factory —
(a) a workplace safety and health committee; and
(b) a person as a chairman of the workplace safety and health committee, being a person
whom the occupier reasonably believes is competent to perform the functions and
duties of its chairman.
Appointment of secretary
5.—(1) Where there is a person appointed as the workplace safety and health officer of a
factory, he shall be deemed to be appointed as the secretary of the workplace safety and health
committee of that factory.
(2) Where no person is appointed as the workplace safety and health officer of a factory, it shall
be the duty of the occupier of the factory to appoint, from among the members of the workplace
safety and health committee of the factory, a person to be its secretary.
WORKPLACE SAFETY AND HEALTH (WORKPLACE SAFETY AND HEALTH COMMITTEES) REGULATIONS 2008
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Composition of workplace safety and health committee
6. It shall be the duty of the occupier of a factory to ensure that —
(a) the workplace safety and health committee of the factory consists of members who are
representatives of persons at work in the factory and of the management of the
factory; and
(b) at all times, the number of members who are representatives of the persons at work in
the factory is not less than those who are representatives of the management of the
factory.
PART III
MEETINGS OF WORKPLACE SAFETY AND HEALTH COMMITTEE
Meetings
7.—(1) It shall be the duty of the occupier of a factory to take, so far as is reasonably
practicable, such measures to ensure that the workplace safety and health committee of the
factory meets at least once a month to discuss matters relating to the safety and health of
persons at work in that factory.
(2) No person shall prevent any member from attending any meeting of his workplace safety
and health committee that is held during working hours.
(3) No person shall make any deduction from the salary of any member for being absent from
work for the purpose of attending any meeting of his workplace safety and health committee.
Minutes of meeting
8.—(1) It shall be the duty of the secretary of the workplace safety and health committee of a
factory to furnish a copy of the minutes of every meeting of the workplace safety and health
committee of the factory to every member thereof and to the occupier of the factory.
(2) It shall be the duty of the occupier of a factory to —
(a) keep a copy of such minutes in the factory for inspection by any inspector; and
(b) furnish a copy of such minutes to the Commissioner at any time when required by the
Commissioner.
Non-member may attend meetings
9. A workplace safety and health committee of a factory may invite any person employed in the
factory who has suffered bodily injury as a result of any accident or dangerous occurrence which
took place in the factory to attend any meeting of the committee to discuss the accident or
dangerous occurrence.
Matters to be discussed at meetings
10. At any meeting of a workplace safety and health committee of a factory, only matters
relating to the safety and health of persons at work in the factory shall be discussed.
WORKPLACE SAFETY AND HEALTH (WORKPLACE SAFETY AND HEALTH COMMITTEES) REGULATIONS 2008
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PART IV
FUNCTIONS OF WORKPLACE SAFETY AND HEALTH COMMITTEE
General inspection of factory
11.—(1) It shall be the duty of the occupier of a factory to take, so far as is reasonably
practicable, such measures to ensure that the workplace safety and health committee of the
factory inspects the factory at least once a month to see if necessary measures are taken to
ensure the safety and health of persons at work in the factory.
(2) Following every inspection of the factory under paragraph (1), it shall be the duty of the
chairman of the workplace safety and health committee of the factory to ensure that the
workplace safety and health committee —
(a) discusses the observations of the members during the inspection at its next meeting;
and
(b) records in a report —
(i) its opinion in respect of the lack of any measure, or any deficient measure, taken
to ensure the safety and health of persons at work in the factory; and
(ii) its recommendations on the actions to be taken in the factory to ensure the
safety and health of persons at work in the factory.
Inspection of factory after accident or dangerous occurrence
12.—(1) Where any accident or dangerous occurrence has taken place in any factory —
(a) it shall be the duty of the occupier of the factory to take, so far as is reasonably
practicable, such measures to ensure that the workplace safety and health committee
of the factory immediately carries out an inspection of the factory; and
(b) it shall be the duty of the workplace safety and health officer appointed in respect of
the factory (if one has been appointed) to immediately conduct an investigation into the
accident or dangerous occurrence and furnish the chairman of the workplace safety
and health committee of the factory with a report of the findings of his investigation.
(2) After an inspection has been carried out in accordance with paragraph (1)(a) of a factory
where an accident or a dangerous occurrence has taken place, it shall be the duty of the
chairman of the workplace safety and health committee of the factory to ensure that the
workplace safety and health committee of the factory —
(a) holds a meeting to discuss the observations of the members during the inspection and
the report of the workplace safety and health officer referred to in paragraph (1)(b), if
any; and
(b) records in a report —
(i) its opinion in respect of the lack of any measure, or any deficient measure, taken
to ensure the safety and health of persons at work in the factory so far
associated with the condition of factory and the cause of the accident or
dangerous occurrence; and
(ii) its recommendations on the actions to be taken in the factory to ensure the
safety and health of persons at work in the factory.
Action to be taken on report of workplace safety and health committee
13.—(1) It shall be the duty of the chairman to furnish every report of his workplace safety and
health committee referred to in regulation 11(2)(b) or 12(2)(b) to the occupier of the factory.
WORKPLACE SAFETY AND HEALTH (WORKPLACE SAFETY AND HEALTH COMMITTEES) REGULATIONS 2008
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(2) It shall be the duty of the occupier of the factory, as soon as is reasonably practicable after
receiving any report furnished under paragraph (1), to do the following:
(a) discuss the recommendations of the workplace safety and health committee with the
workplace safety and health officer (if one has been appointed) or the chairman;
(b) record in the report the occupier’s decision; and
(c) direct any person at work in the factory to take such action as the occupier thinks
necessary in the interests of the safety and health of persons at work in the factory.
(3) It shall be the duty of the occupier of the factory to keep a copy of every report furnished
under paragraph (1) in the factory.
Workplace safety and health committee to assist in organising certain activities to
promote safe conduct of work in factory
14. The workplace safety and health committee of a factory may assist in organising any
contest, competition or other activity for the purpose of promoting the safe conduct of work in the
factory.
Guidelines to promote safe conduct of work in factory
15.—(1) The workplace safety and health committee of a factory shall, with the approval of the
occupier of the factory, issue a set of guidelines to promote the safety and health of persons at
work in the factory.
(2) The guidelines may, with the approval of the occupier of the factory, be amended or
revoked by the workplace safety and health committee.
(3) It shall be the duty of the occupier of the factory to publish a copy of the guidelines, and all
amendments made to the guidelines, in such manner as will secure adequate publicity at the
factory for the guidelines.
Basic knowledge of members of workplace safety and health committee
16. It shall be the duty of the occupier of a factory to take, so far as is reasonably practicable,
such measures to ensure that the members of the workplace safety and health committee have a
basic understanding and knowledge of the functions of a workplace safety and health committee
under the Act.
Powers of workplace safety and health committee
17. The workplace safety and health committee of a factory shall, for the purposes of
discharging its functions and duties under the Act, have the power to do all or any of the
following:
(a) to enter, inspect and examine the factory at any reasonable time;
(b) to inspect and examine any machinery, equipment, plant, installation or article in the
factory;
(c) to require the production of factory records, certificates, notices and documents kept or
required to be kept under the Act, including any other relevant document, and to
inspect and examine any of them;
(d) to make such examination and inquiry of the factory and of any person at work in that
factory as may be necessary to execute its duties;
(e) to assess the levels of noise, illumination, heat or harmful or hazardous substances in
the factory and the exposure levels of persons at work therein;
WORKPLACE SAFETY AND HEALTH (WORKPLACE SAFETY AND HEALTH COMMITTEES) REGULATIONS 2008
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(f) to investigate any accident, dangerous occurrence or occupational disease that
occurred within the factory.
PART V
MISCELLANEOUS
Offences
18. Any person who contravenes regulation 4(2), 5(2), 6, 7(1), (2) or (3), 8(1) or (2), 11(1) or
(2), 12(1) or (2), 13(1), (2) or (3), 15(3) or 16 shall be guilty of an offence and shall be liable on
conviction —
(a) for a first offence, to a fine not exceeding $10,000; and
(b) for a second or subsequent offence, to a fine not exceeding $20,000 or to
imprisonment for a term not exceeding 6 months or to both.
Revocation
19. The Factories (Safety Committees) Regulations (Cap. 104, Rg 2) are revoked.
Savings and transitional provisions
20.—(1) Every person who, immediately before the date of commencement of these
Regulations, is the chairman or secretary or a member of a safety committee of a factory under
the repealed Factories (Safety Committees) Regulations shall continue in such capacity as if he
were the chairman or secretary or a member, as the case may be, of a workplace safety and
health committee appointed under these Regulations in respect of that factory.
(2) These Regulations shall not affect any inspection or investigation commenced or pending
before the date of commencement of these Regulations, and every such inspection or
investigation may be continued and everything which is or is to be done pursuant to every such
inspection or investigation may be done in all respects after that date as if these Regulations had
not been enacted.

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